A19/A184 Testos junction Improvement scheme

A19/A184 Testos junction Improvement scheme TR010020 Pre-Application Consultation 2017 Draft DCO Documents and Plans January 2017

DRAFT DEVELOPMENT CONSENT ORDER

STATUTORY INSTRUMENTS 201[ ] No. INFRASTRUCTURE PLANNING The Testos Junction Improvement Development Consent Order 201[ ] Made - - - - 201[ ] Coming into force - - 201[ ] 1. Citation and commencement 2. Interpretation CONTENTS PART 1 PRELIMINARY PART 2 PRINCIPAL POWERS 3. Development consent etc. granted by the Order 4. Maintenance of authorised development 5. Limits of deviation 6. Benefit of Order 7. Consent to transfer benefit of Order PART 3 STREETS 8. Application of the 1991 Act 9. Maintenance of new, altered or diverted streets 10. Classification of roads etc. 11. Temporary stopping up and restriction of use of streets 12. Permanent stopping up and restriction of use of streets 13. Access to works 14. Clearways 15. Traffic regulation DRAFT INDICATIVE AND SUBJECT TO CHANGE

PART 4 SUPPLEMENTAL POWERS 16. Discharge of water 17. Protective work to buildings 18. Authority to survey and investigate the land PART 5 POWERS OF ACQUISITION 19. Compulsory acquisition of land 20. Compulsory acquisition of land incorporation of the mineral code 21. Time limit for exercise of authority to acquire land compulsorily 22. Compulsory acquisition of rights and restrictive covenants 23. Private rights over land 24. Application of the Compulsory Purchase (Vesting Declarations) Act 1981 25. Acquisition of subsoil or airspace only 26. Acquisition of part of certain properties 27. Rights under or over streets 28. Temporary use of land for carrying out the authorised development 29. Temporary use of land for maintaining the authorised development 30. Statutory undertakers 31. Apparatus and rights of statutory undertakers in stopped-up streets 32. Recovery of costs of new connections 33. Felling or lopping of trees PART 6 OPERATIONS PART 7 MISCELLANEOUS AND GENERAL 34. Application of landlord and tenant law 35. Operational land for purposes of the 1990 Act 36. Defence to proceedings in respect of statutory nuisance 37. Protection of interests 38. Certification of plans, etc. 39. Service of notices 40. Arbitration SCHEDULES SCHEDULE 1 AUTHORISED DEVELOPMENT SCHEDULE 2 REQUIREMENTS 2

SCHEDULE 3 CLASSIFICATION OF ROADS, ETC. PART 1 TRUNK ROADS PART 2 OTHER ROAD CLASSIFICATIONS PART 3 CONSTRUCTION OF PUBLIC RIGHTS OF WAY PART 4 PROVISION OF PRIVATE MEANS OF ACCESS SCHEDULE 4 STREETS TO BE STOPPED UP PERMANENTLY SCHEDULE 5 LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED SCHEDULE 6 MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS SCHEDULE 7 LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN SCHEDULE 8 PROTECTIVE PROVISIONS PART 1 FOR THE PROTECTION OF [ ] PART 2 FOR THE PROTECTION OF [ ] 3

An application has been made to the Secretary of State, in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009(a) for an Order under sections 37, 114, 115, 120 and 122 of the Planning Act 2008(b) ( the 2008 Act ). [The application was examined by a single appointed person (appointed by the Secretary of State) in accordance with Chapter 4 of Part 6 of the 2008 Act, and the Infrastructure Planning (Examination Procedure) Rules 2010(c).] [The single appointed person, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 83 of the 2008 Act, has submitted a report to the Secretary of State.] [The Secretary of State, having considered the representations made and not withdrawn, and the report of the single appointed person, has decided to make an Order granting development consent for the development described in the application [with modifications which in the opinion of the Secretary of State do not make any substantial changes to the proposals comprised in the application].] The Secretary of State, in exercise of the powers conferred by sections 114, 115, 120 and 122 of, and paragraphs 1 to 3, 8, 10 to 17, 24, 26, 33, 36 and 37 of Part 1 of Schedule 5 to, the 2008 Act, makes the following Order Citation and commencement PART 1 PRELIMINARY 1. This Order may be cited as the A19/A184 (Testos Junction Improvement) Development Consent Order 201[ ] and comes into force on [ ] 201[ ]. Interpretation 2. (1) In this Order the 1961 Act means the Land Compensation Act 1961(d); the 1965 Act means the Compulsory Purchase Act 1965(e); (a) S.I. 2009/2264, amended by S.I. 2010/439, S.I. 2010/602, S.I. 2012/635, S.I. 2012/2654, S.I. 2012/2732, S.I. 2013/522 and S.I. 2013/755. (b) 2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c. 20). (c) S.I. 2010/103, amended by S.I. 2012/635. (d) 1961 c. 33. Section 2(2) was amended by section 193 of, and paragraph 5 of Schedule 33 to, the Local Government, Planning and Land Act 1980 (c. 65). There are other amendments to the 1980 Act which are not relevant to this Order. (e) 1965 c. 56. Section 3 was amended by section 70 of, and paragraph 3 of Schedule 15 to, the Planning and Compensation Act 1991 (c. 34). Section 4 was amended by section 3 of, and Part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c. 7l). Section 5 was amended by sections 67 and 80 of, and Part 2 of Schedule 18 to, the Planning and Compensation Act 1991 (c. 34). Section 11(1) and sections 3, 31 and 32 were amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67) and by section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (2006 No.1). Section 12 was amended by section 56(2) of, and Part 1 to Schedule 9 to, the Courts Act 1971 (c. 23). Section 13 was amended by section 139 to the Tribunals, Courts and Enforcement Act 2007 (c. 15). Section 20 was amended by section 70 of, and paragraph 14 of Schedule 15 to, the Planning and Compensation Act 1991 (c. 34). Sections 9, 25 and 29 were amended by the Statute Law (Repeals) Act 1973 (c. 39). Section 31 was also amended by section 70 of, and paragraph 19 of Schedule 15 to, the Planning and Compensation Act 1991 (c. 34) and by section 14 of, and paragraph 12(2) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (2006 No.1). There are other amendments to the 1965 Act which are not relevant to this Order. 4

the 1980 Act means the Highways Act 1980(a); the 1981 Act means the Compulsory Purchase (Vesting Declarations) Act 1981(b); the 1984 Act means the Road Traffic Regulation Act 1984(c); the 1990 Act means the Town and Country Planning Act 1990(d); the 1991 Act means the New Roads and Street Works Act 1991(e); the 2008 Act means the Planning Act 2008(f); address includes any number or address for the purposes of electronic transmission; apparatus has the same meaning as in Part 3 of the 1991 Act; authorised development means the development described in Schedule 1 (authorised development) or any part of it, which is development within the meaning of section 32 of the 2008 Act; the book of reference means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order; building includes any structure or erection or any part of a building, structure or erection; carriageway has the same meaning as in the 1980 Act and includes part of a carriageway; compulsory acquisition notice means a notice served in accordance with section 134 of the 2008 Act; the Crown land plans means the plans certified as the Crown land plans by the Secretary of State for the purposes of this Order; cycle track has the same meaning as in the 1980 Act as if the words or without were omitted and includes part of a cycle track; electronic transmission means a communication transmitted (a) by means of an electronic communications network; or (b) by other means but while in electronic form; the engineering drawings and sections means the documents certified as the engineering drawings and sections by the Secretary of State for the purposes of this Order; (a) 1980 c. 66. Section 1(1) was amended by section 21(2) to the New Roads and Street Works Act 1991 (c. 22); sections 1(2), (3) and (4) were amended by section 8 of, and paragraph (1) of Schedule 4 to, the Local Government Act 1985 (c. 51); section 1(2A) was inserted by, and section 1(3) was amended by, section 259(1), (2) and (3) of the Greater London Authority Act 1999 (c. 29); sections J(3A) and 1(5) were inserted by section 22(1) of, and paragraph 1 of Schedule 7 to, the Local Government (Wales) Act 1994 (c. 19). Section 36(2) was amended by section 4(1) of, and paragraphs 47(a) and (b) of Schedule 2 to, the Housing (Consequential Provisions) Act 1985 (c. 71), by S.I. 2006/1177, by section 4 of, and paragraph 45(3) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11), by section 64(1), (2) and (3) of the Transport and Works Act 1992 (c. 42) and by section 57 of, and paragraph 5 of Part 1 of Schedule 6 to, the Countryside and Rights of Way Act 2000 (c. 37); section 36(3A) was inserted by section 64(4) to the Transport and Works Act 1992 and was amended by S.I. 2006/1177; section 36(6) was amended by section 8 of, and paragraph 7 of Schedule 4 to, the Local Government Act 1985 (c. 51); and section 36(7) was inserted by section 22(1) of, and paragraph 4 of Schedule 7 to, the Local Government (Wales) Act 1994 (c. 19). Section 329 was amended by section 112(4) of, and Schedule 18 to, the Electricity Act 1989 (c. 29) and by section 190(3) of, and Part 1 of Schedule 27 to, the Water Act 1989 (c. 15). There are other amendments to the 1980 Act which are not relevant to this Order. (b) 1981 c. 66. Sections 2(3), 6(2) and 11(6) were amended by section 4 of, and paragraph 52 of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11). Section 15 was amended by sections 56 and 321(1) of, and Schedules 8 and 16 to, the Housing and Regeneration Act 2008 (c. 17). Paragraph 1 of Schedule 2 was amended by section 76 of, and Part 2 of Schedule 9 to, the Housing Act 1988 (c. 50); section 161(4) of, and Schedule 19 to, the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28); and sections 56 and 321(1) of, and Schedule 8 to, the Housing and Regeneration Act 2008 (c. 17). Paragraph 3 of Schedule 2 was amended by section 76 of, and Schedule 9 to, the Housing Act 1988 (c. 50) and section 56 of, and Schedule 8 to, the Housing and Regeneration Act 2008 (c. 17). Paragraph 2 of Schedule 3 was repealed by section 277 of, and Schedule 9 to, the Inheritance Tax Act 1984 (c. 51). There are others amendments to the 1981 Act which are not relevant to this Order. (c) 1984 c. 27. (d) 1990 c. 8. Section 206(1) was amended by section 192(8) of, and paragraphs 7 and 11 of Schedule 8 to, the Planning Act 2008 (c. 29) (date in force to be appointed see section 241(3), (4)(a) and (c) of the 2008 Act). There are other amendments to the 1990 Act which are not relevant to this Order. (e) 1991 c. 22. Section 48(3A) was inserted by section 124 of the Local Transport Act 2008 (c. 26). Sections 79(4), 80(4), and 83(4) were amended by section 40 of, and Schedule 1 to, the Traffic Management Act 2004 (c. 18). (f) 2008 c. 29. 5

environmental report means the environmental assessment report submitted with the application for this Order; footway and footpath have the same meaning as in the 1980 Act and include part of a footway or footpath; highway, highway authority and local highway authority have the same meaning as in the 1980 Act and highway includes part of a highway; the land plans means the plans certified as the land plans by the Secretary of State for the purposes of this Order; limits of deviation means the limits of deviation referred to in article 5; maintain in relation to the authorised development includes to inspect, repair, adjust, alter, remove or reconstruct and any derivative of maintain is to be construed accordingly; Order land means the land shown on the land plans which is within the limits of land to be acquired or used permanently or temporarily, and described in the book of reference; the Order limits means the limits of deviation shown on the works plans within which the authorised development may be carried out; owner, in relation to land, has the same meaning as in section 7 of the Acquisition of Land Act 1981(a); relevant planning authority means in any given provision of this Order, the planning authority for the area to which the provision relates being North Tyneside Council; rights of way and access plans means the plans certified as the rights of way and access plans by the Secretary of State for the purposes of this Order; Secretary of State means the Secretary of State for Transport; statutory undertaker means any statutory undertaker for the purposes of section 127(8), 128(5) or 129(2) of the 2008 Act; street means a street within the meaning of section 48 of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes part of a street; street authority, in relation to a street, has the same meaning as in Part 3 of the 1991 Act; the traffic regulation plans means the plans certified as the traffic regulation plans by the Secretary of State for the purposes of this Order; the tribunal means the Lands Chamber of the Upper Tribunal; trunk road means a highway which is a trunk road by virtue of (a) section 10 or 19(1) of the 1980 Act; (b) an order or direction under section 10 of that Act; or (c) an order granting development consent; or (d) any other enactment; watercourse includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain; and the works plans means the plans certified as the works plans by the Secretary of State for the purposes of this Order. (2) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the airspace above its surface. (3) All distances, directions and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised development are taken to be measured along that work. (4) For the purposes of this Order, all areas described in square metres in the book of reference are approximate. (a) 1981 c. 67. 6

(5) References in this Order to points identified by letters or numbers are to be construed as references to points so lettered or numbered on the rights of way and access plans. (6) References in this Order to numbered works are references to works as numbered in Schedule 1. PART 2 PRINCIPAL POWERS Development consent etc. granted by the Order 3. Subject to the provisions of this Order including the requirements in Schedule 2 (requirements), the Secretary of State is granted development consent for the authorised development to be carried out within the Order limits. Maintenance of authorised development 4. The Secretary of State may at any time maintain the authorised development, except to the extent that this Order, or an agreement made under this Order, provides otherwise. Limits of deviation 5. (1) In carrying out linear works the Secretary of State may (a) deviate laterally from the lines or situations of the authorised development shown on the works plans to the extent of the limits of deviation shown on those plans; and (b) deviate vertically from the levels of the authorised development shown on the engineering drawings and sections to a maximum of 0.5 metres upwards or 1.0m downwards, provided that deviation is within the scope of authorised development assessed in the environmental report. Benefit of Order 6. (1) Subject to paragraph (2) and article 7 (consent to transfer benefit of Order), the provisions of this Order conferring powers on the Secretary of State have effect solely for the benefit of the Secretary of State. (2) [Paragraph (1) does not apply to the works for which the consent is granted by this Order for the express benefit of owners and occupiers of land, statutory undertakers and other persons affected by the authorised development.] Note: only include if there are such works. Consent to transfer benefit of Order 7. (1) The Secretary of State may (a) transfer to another person ( the transferee ) any or all of the benefit of the provisions of this Order and such related statutory rights as may be agreed between the Secretary of State and the transferee; or (b) grant to another person ( the lessee ) for a period agreed between the Secretary of State and the lessee any or all of the benefit of the provisions of this Order and such related statutory rights as may be so agreed. (2) Where an agreement has been made in accordance with paragraph (1) references in this Order to the Secretary of State, except in paragraph (3), includes references to the transferee or the lessee, except where the reference is to a consenting function of the Secretary of State. (3) The exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (1) is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the Secretary of State. 7

PART 3 STREETS Application of the 1991 Act 8. (1) Works executed under this Order in relation to a highway which consists of or includes a carriageway are to be treated for the purposes of the 1991 Act as major highway works if (a) they are of a description mentioned in any of paragraphs (a), (c) to (e), (g) and (h) of section 86(3) of that Act (which defines what highway authority works are major highway works); or (b) they are works which, had they been executed by the highway authority, might have been carried out in exercise of the powers conferred by section 64 of the 1980 Act (dual carriageways and roundabouts) or section 184 of that Act (vehicle crossings over footways and verges). (2) In Part 3 of the 1991 Act, in relation to works which are major highway works by virtue of paragraph (1), references to the highway authority concerned are to be construed as references to the Secretary of State. (3) The following provisions of Part 3 the 1991 Act (street works in England and Wales) do not apply in relation to any works executed under the powers of this Order Section 56 (directions as to timing); section 56A (power to give directions as to placing of apparatus); section 58 (restrictions following substantial road works); section 58A (restriction on works following substantial street works); section 73A (power to require undertaker to re-surface street); section 73B (power to specify timing etc. of re-surfacing); section 73C (materials, workmanship and standard of re-surfacing); section 78A (contributions to costs of re-surfacing by undertaker); and Schedule 3A (restriction on works following substantial street works). (4) The provisions of the 1991 Act mentioned in paragraph (5) (which, together with other provisions of that Act, apply in relation to the execution of street works) and any regulations made, or code of practice issued or approved under, those provisions apply (with the necessary modifications) in relation to any stopping up, alteration or diversion of a street of a temporary nature by the promoter under the powers conferred by article 11 (temporary stopping up and restriction of use of streets), whether or not the stopping up, alteration or diversion constitutes street works within the meaning of that Act. (5) The provisions of the 1991 Act referred to in paragraph (4) are section 54 (advance notice of certain works), subject to paragraph (6); section 55 (notice of starting date of works), subject to paragraph (6); section 57 (notice of emergency works); section 59 (general duty of street authority to co-ordinate works); section 60 (general duty of undertakers to co-operate); section 68 (facilities to be afforded to street authority); section 69 (works likely to affect other apparatus in the street); section 75 (inspection fees); section 76 (liability for cost of temporary traffic regulation); and section 77 (liability for cost of use of alternative route), and all such other provisions as apply for the purposes of the provisions mentioned above. 8

(6) Sections 54 and 55 of the 1991 Act as applied by paragraph (4) have effect as if references in section 57 of that Act to emergency works were a reference to a stopping up, alteration or diversion (as the case may be) required in a case of emergency. (7) Nothing in article 9 (maintenance of new, altered or diverted streets) (a) affects the operation of section 87 of the 1991 Act (prospectively maintainable highways); (b) means that the Secretary of State is by reason of any duty under that article to maintain a street to be taken to be the street authority in relation to that street for the purposes of Part 3 of that Act; or (c) has effect in relation to maintenance works which are street works within the meaning of the 1991 Act, as respects which the provisions of part 3 of the 1991 Act apply. Maintenance of new, altered or diverted streets 9. (1) Any street (other than a trunk road) to be constructed under this Order must be completed to the reasonable satisfaction of the local highway authority in whose area the street lies and, unless otherwise agreed with the local highway authority, must be maintained by and at the expense of the local highway authority from its completion. (2) Where a street (other than a trunk road) is altered or diverted under this Order, the altered or diverted part of the street must, when completed to the reasonable satisfaction of the street authority, unless otherwise agreed with the street authority, be maintained by and at the expense of the street authority from its completion. (3) In the case of a bridge constructed under this Order to carry a public right of way, the highway surface (being those elements over the waterproofing membrane) shall be maintained by and at the expense of the local highway authority and the remainder of the bridge, including the waterproofing membrane and structure below, shall be maintained by and at the expense of the Secretary of State. (4) In any action against the Secretary of State in respect of loss or damage resulting from any failure by it to maintain a street under this article, it is a defence (without prejudice to any other defence or the application of the law relating to contributory negligence) to prove that the Secretary of State had taken such care as in all the circumstances was reasonably required to secure that the part of the street to which the action relates was not dangerous to traffic. (5) For the purposes of a defence under paragraph (4), the court shall in particular have regard to the following matters (a) the character of the street and the traffic which was reasonably to be expected to use it; (b) the standard of maintenance appropriate for a street of that character and used by such traffic; (c) the state of repair in which a reasonable person would have expected to find the street; (d) whether the Secretary of State knew, or could reasonably have been expected to know, that the condition of the part of the street to which the action relates was likely to cause dangers to users of the street; and (e) where the Secretary of State could not reasonably have been expected to repair that part of the street before the cause of action arose, what warning notices of its condition had been displayed, but for the purposes of such a defence it is not relevant to prove that the Secretary of State had arranged for a competent person to carry out or supervise the maintenance of the part of the street to which the action relates unless it is also proved that the Secretary of State had given the competent person proper instructions with regard to the maintenance of the street and that the competent person had carried out those instructions. 9

Classification of roads etc. 10. (1) On the date on which the authorised development is completed and open for traffic the roads described in columns (1) and (2) of Part 1 of Schedule 3 (classification of roads, etc.) will become trunk roads as if they had become so by virtue of an order under section 10(2) of the 1980 Act specifying that date as the date on which they were to become trunk roads. (2) On the date they are open for traffic, no person is to drive any motor vehicle at a speed exceeding the speed limits specified in Parts 3, 4 and 5 of Schedule 3 (classification of roads, etc.) for the lengths of road identified in column (2) of those Parts. (3) Unless otherwise agreed with the relevant planning authority the public rights of way set out in column (1) of Part 6 of Schedule 3 (classification of roads, etc.) and identified on the rights of way and access plans shall be constructed by the Secretary of State in the specified locations as set out in column (2) of that Part of that Schedule and open for use on the date on which the authorised development is open for traffic. (4) The application of paragraphs (1) and (3) may be varied or revoked by any instrument made under any enactment which provides for the variation or revocation of such matters. Temporary stopping up and restriction of use of streets 11. (1) The Secretary of State, during and for the purposes of carrying out the authorised development, may temporarily stop up, alter, divert or restrict the use of any street and may for any reasonable time (a) divert the traffic from the street; and (b) subject to paragraph (3), prevent all persons from passing along the street. (2) Without limitation on the scope of paragraph (1), the Secretary of State may use any street temporarily stopped up or restricted under the powers conferred by this article and within the Order limits as a temporary working site. (3) The Secretary of State must provide reasonable access for pedestrians going to or from premises abutting a street affected by the temporary stopping up, alteration or diversion of a street under this article if there would otherwise be no such access. (4) The Secretary of State must not temporarily stop up, alter or divert any street for which it is not street authority without the consent of the street authority, which may attach reasonable conditions to any consent but such consent must not be unreasonably withheld or delayed. (5) Any person who suffers loss by the suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act. (6) If a street authority which receives an application for consent under paragraph 11(4) fails to notify the Secretary of State of its decision before the end of the period of 28 days beginning with the date on which the application was made, it shall be deemed to have granted consent. Permanent stopping up and restriction of use of streets 12. (1) Subject to the provisions of this article, the Secretary of State may, in connection with the carrying out of the authorised development, stop up each of the streets specified in column (1) of Schedule 4 (streets to be stopped up) to the extent specified and described in column (2) of that Schedule. (2) No street specified in column (1) of that Schedule is to be wholly or partly stopped up under this article unless the condition specified in paragraph (3) is satisfied in relation to all the land which abuts on either side of the street to be stopped up. (3) The condition referred to in paragraph (2) is that (a) the Secretary of State is in possession of the land; or (b) there is no right of access to the land from the street concerned; or (c) there is reasonably convenient access to the land otherwise than from the street concerned; or 10

(d) the owners and occupiers of the land have agreed to the stopping up. (4) Where a street has been stopped up under this article (a) all rights of way over or along the street so stopped up are extinguished; and (b) the Secretary of State may appropriate and use for the purposes of the authorised development so much of the site of the street as is bounded on both sides by land owned by the Secretary of State. (5) Any person who suffers loss by the suspension or extinguishment of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act. (6) This article is subject to article 31 (apparatus and rights of statutory undertakers in stopped up streets). Access to works 13. The Secretary of State may, for the purposes of the authorised development, form and layout means of access, or improve existing means of access, at such locations within the Order limits as the Secretary of State reasonably requires for the purposes of the authorised development. Clearways 14. (1) From the date on which the roads described in Part 1 of Schedule 3 (classification of roads, etc.) are open for traffic, save as provided in paragraph (2), no person may cause or permit any vehicle to wait on any part of those roads, other than a lay-by, except upon the direction of, or with the permission of, a constable or traffic officer in uniform. (2) Nothing in paragraph (1) may apply (a) to render it unlawful to cause or permit a vehicle to wait on any part of a road, for so long as may be necessary to enable that vehicle to be used in connection with (i) the removal of any obstruction to traffic; (ii) the maintenance, improvement, reconstruction or operation of the road; (iii) the laying, erection, inspection, maintenance, alteration, repair, renewal or removal in or near the road of any sewer, main pipe, conduit, wire, cable or other apparatus for the supply of gas, water, electricity or any telecommunications apparatus as defined in Schedule 2 to the Telecommunications Act 1984(a); or (iv) any building operation or demolition; (b) in relation to a vehicle being used (i) for police, ambulance, fire and rescue authority or traffic officer purposes; (ii) in the service of a local authority, safety camera partnership or Vehicle and Operator Services Agency in pursuance of statutory powers or duties; (iii) in the service of a water or sewerage undertaker within the meaning of the Water Industry Act 1991(b); or (iv) by a universal service provider for the purposes of providing a universal postal service as defined by the Postal Service Act 2000(c); or (c) in relation to a vehicle waiting when the person in control of it is (i) required by law to stop; (ii) obliged to stop in order to avoid an accident; or (iii) prevented from proceeding by circumstances outside his or her control. (a) 1984 c. 12. (b) 1991 c. 56. (c) 2000 c. 26. 11

(3) No person may cause or permit any vehicle to wait on any part of the roads described in Part 1 of Schedule 3 for the purposes of selling, or dispensing of, goods from that vehicle, unless the goods are immediately delivered at, or taken into, premises adjacent to the land on which the vehicle stood when the goods were sold or dispensed. (4) Paragraphs (1), (2) and (3) have effect as if made by order under the 1984 Act, and their application may be varied or revoked by an order made under that Act or any other enactment which provides for the variation or revocation of such orders. Traffic regulation 15. (1) This article applies to roads in respect of which the Secretary of State is not the traffic authority. (2) Subject to the provisions of this article, and the consent of the traffic authority in whose area the road concerned is situated, which consent must not be unreasonably withheld, the Secretary of State may, for the purposes of the authorised development (a) revoke, amend or suspend in whole or in part any order made, or having effect as if made, under the 1984 Act; (b) permit, prohibit or restrict the stopping, waiting, loading or unloading of vehicles on any road; (c) authorise the use as a parking place of any road; (d) make provision as to the direction or priority of vehicular traffic on any road; and (e) permit or prohibit vehicular access to any road, either at all times or at times, on days or during such periods as may be specified by the Secretary of State. (3) The power conferred by paragraph (2) may be exercised at any time prior to the expiry of 12 months from the opening of the authorised development for public use but subject to paragraph (7) any prohibition, restriction or other provision made under paragraph (2) may have effect both before and after the expiry of that period. (4) The Secretary of State must consult the chief officer of police and the traffic authority in whose area the road is situated before complying with the provisions of paragraph (5). (5) The Secretary of State must not exercise the powers conferred by paragraph (2) unless the Secretary of State has (a) given not less than (i) 12 weeks notice in writing of the Secretary of State s intention so to do in the case of a prohibition, restriction or other provision intended to have effect permanently; or (ii) 4 weeks notice in writing of the Secretary of State s intention so to do in the case of a prohibition, restriction or other provision intended to have effect temporarily, to the chief officer of police and to the traffic authority in whose area the road is situated; and (b) advertised the Secretary of State s intention in such manner as the traffic authority may specify in writing within 28 days of its receipt of notice of the Secretary of State s intention in the case of sub-paragraph (a)(i), or within 7 days of its receipt of notice of the Secretary of State s intention in the case of sub-paragraph (a)(ii). (6) Any prohibition, restriction or other provision made by the Secretary of State under paragraph (2) (a) has effect as if duly made by, as the case may be (i) the traffic authority in whose area the road is situated, as a traffic regulation order under the 1984 Act; or 12

(ii) the local authority in whose area the road is situated, as an order under section 32 (power of local authorities to provide parking spaces)(a) of the 1984 Act, and the instrument by which it is effected may specify savings and exemptions to which the prohibition, restriction or other provision is subject; and (b) is deemed to be a traffic order for the purposes of Schedule 7 (road traffic contraventions subject to civil enforcement) to the Traffic Management Act 2004(b). (7) Any prohibition, restriction or other provision made under this article may be suspended, varied or revoked by the Secretary of State from time to time by subsequent exercise of the powers of paragraph (2) within a period of 24 months from the opening of the authorised development. (8) Before exercising the powers of paragraph (2) the Secretary of State must consult such persons as the Secretary of State considers necessary and appropriate and must take into consideration any representations made to the Secretary of State by any such person. (9) Expressions used in this article and in the 1984 Act shall have the same meaning in this article as in that Act. (10) The powers conferred on the Secretary of State by this article with respect to any road have effect subject to any agreement entered into by the Secretary of State with any person with an interest in (or who undertakes activities in relation to) premises served by the road. (11) If the traffic authority fails to notify the Secretary of State of its decision within 28 days of receiving an application for consent under paragraph (2) the traffic authority is deemed to have granted consent. Discharge of water PART 4 SUPPLEMENTAL POWERS 16. (1) The Secretary of State may use any watercourse or any public sewer or drain for the drainage of water in connection with the carrying out or maintenance of the authorised development and for that purpose may lay down, take up and alter pipes and may, on any land within the Order limits, make openings into, and connections with, the watercourse, public sewer or drain. (2) Any dispute arising from the making of connections to or the use of a public sewer or drain by the Secretary of State under paragraph (1) is to be determined as if it were a dispute under section 106 of the Water Industry Act 1991 (right to communicate with public sewers). (3) The Secretary of State must not discharge any water into any watercourse, public sewer or drain except with the consent of the person to whom it belongs; and such consent may be given subject to such terms and conditions as that person may reasonably impose, but shall not be unreasonably withheld. (4) The Secretary of State must not make any opening into any public sewer or drain except (a) in accordance with plans approved by the person to whom the sewer or drain belongs, but such approval shall not be unreasonably withheld; and (b) where that person has been given the opportunity to supervise the making of the opening. (5) The Secretary of State must not, in carrying out or maintaining works under this article, damage or interfere with the bed or banks of any watercourse forming part of a main river. (a) As amended by section 102 of, and Schedule 17 to, the Local Government Act 1985 (c. 51) and section 168(1) of, and paragraph 39 of Schedule 8 to, the 1991 Act. (b) 2004 c. 18. 13

(6) The Secretary of State must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain pursuant to this article is as free as may be practicable from gravel, sail or other solid substance, oil or matter in suspension. (7) Nothing in this article overrides the requirement for an environmental permit under regulation 12(1)(b) of the Environmental Permitting (England and Wales) Regulations 2010(a). (8) In this article (a) public sewer or drain means a sewer or drain which belongs to the Homes and Communities Agency, the Environment Agency, an internal drainage board, a joint planning board, a local authority, a sewerage undertaker or an urban development corporation; and (b) other expressions, excluding watercourse, used both in this article and in the Water Resources Act 1991(b) have the same meaning as in that Act. (9) If a person who receives an application for consent under paragraph (3) or approval under paragraph (4)(a) fails to notify the Secretary of State of a decision within 28 days of receiving an application that person shall be deemed to have granted consent or given approval, as the case may be. Protective work to buildings 17. (1) Subject to the following provisions of this article, the Secretary of State may at the Secretary of State s own expense carry out such protective works to any building which may be affected by the authorised development as the Secretary of State considers necessary or expedient. (2) Protective works may be carried out (a) at any time before or during the carrying out in the vicinity of the building of any part of the authorised development; or (b) after the completion of that part of the authorised development in the vicinity of the building at any time up to the end of the period of 5 years beginning with the day on which that part of the authorised development is first opened for use. (3) For the purpose of determining how the functions under this article are to be exercised the Secretary of State may enter and survey any building falling within paragraph (1) and any land within its curtilage. (4) For the purpose of carrying out protective works under this article to a building the Secretary of State may (subject to paragraphs (5) and (6)) (a) enter the building and any land within its curtilage; and (b) where the works cannot be carried out reasonably conveniently without entering land which is adjacent to the building but outside its curtilage, enter the adjacent land (but not any building erected on it). (5) Before exercising (a) a right under paragraph (1) to carry out protective works to a building; (b) a right under paragraph (3) to enter a building and land within its curtilage; (c) a right under paragraph (4)(a) to enter a building and land within its curtilage; or (d) a right under paragraph (4)(b) to enter land, the Secretary of State must, except in the case of emergency, serve on the owners and occupiers of the building or land not less than 14 days notice of its intention to exercise that right and, in a case falling within sub-paragraph (a) or (c), specifying the protective works proposed to be carried out. (a) S.I. 2010/675. (b) 1991 c. 57. 14

(6) Where a notice is served under paragraph (5)(a), (c) or (d), the owner or occupier of the building or land concerned may, by serving a counter-notice within the period of 10 days beginning with the day on which the notice was served, require the question whether it is necessary or expedient to carry out the protective works or to enter the building or land to be referred to arbitration under article 40 (arbitration). (7) The Secretary of State must compensate the owners and occupiers of any building or land in relation to which rights under this article have been exercised for any loss or damage arising to them by reason of the exercise of those rights. (8) Where (a) protective works are carried out under this article to a building; and (b) within the period of 5 years beginning with the day on which the part of the authorised development carried out in the vicinity of the building is first opened for use it appears that the protective works are inadequate to protect the building against damage caused by the carrying out or use of that part of the authorised development, the Secretary of State must compensate the owners and occupiers of the building for any loss or damage sustained by them. (9) Nothing in this article will relieve the Secretary of State from any liability to pay compensation under section 152 of the 2008 Act (compensation in case where no right to claim in nuisance). (10) Any compensation payable under paragraph (7) or (8) will be determined, in case of dispute, under Part 1 of the 1961 Act (determination of questions of disputed compensation). (11) In this article protective works in relation to a building means (a) underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused to the building by the carrying out, maintenance or use of the authorised development; and (b) any works the purpose of which is to remedy any damage which has been caused to the building by the carrying out, maintenance or use of the authorised development. Authority to survey and investigate the land 18. (1) The Secretary of State may for the purposes of this Order enter on any land shown within the Order limits or which may be affected by the authorised development and (a) survey or investigate the land; (b) without limitation to the scope of sub-paragraph (a), make trial holes in such positions on the land as the Secretary of State thinks fit to investigate the nature of the surface layer and subsoil and remove soil samples; (c) without limitation to the scope of sub-paragraph (a), carry out ecological or archaeological investigations on such land; and (d) place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes. (2) No land may be entered or equipment placed or left on or removed from the land under paragraph (1) unless at least 14 days notice has been served on every owner and occupier of the land. (3) Any person entering land under this article on behalf of the Secretary of State (a) must, if so required, before or after entering the land, produce written evidence of their authority to do so; and (b) may take onto the land such vehicles and equipment as are necessary to carry out the surveyor investigation or to make the trial holes. (4) No trial holes are to be made under this article (a) in land located within a highway boundary without the consent of the highway authority; or 15

(b) in a private street without the consent of the street authority, but such consent shall not be unreasonably withheld. (5) The Secretary of State must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the authority conferred by this article, such compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act. (6) If either a highway authority or street authority which receives an application for consent fails to notify the Secretary of State of its decision within 28 days of receiving the application for consent (a) under paragraph (4)(a) in the case of a highway authority; or (b) under paragraph (4)(b) in the case of a street authority, that authority shall be deemed to have granted consent. Compulsory acquisition of land PART 5 POWERS OF ACQUISITION AND POSSESSION 19. (1) The Secretary of State may acquire compulsorily so much of the Order land as is required for the authorised development, or to facilitate it, or is incidental to it. (2) This article is subject to paragraph (2) of article 22 (compulsory acquisition of rights and restrictive covenants) and paragraph (8) of article 28 (temporary use of land for carrying out the authorised development). Compulsory acquisition of land incorporation of the mineral code 20. Part 2 of Schedule 2 to the Acquisition of Land Act 1981(a) (minerals) is incorporated in this Order subject to the modification that for the acquiring authority substitute the Secretary of State. Time limit for exercise of authority to acquire land compulsorily 21. (1) After the end of the period of 5 years beginning on the day on which this Order is made (a) no notice to treat is to be served under Part 1 of the 1965 Act; and (b) no declaration is to be executed under section 4 of the 1981 Act as applied by article 24 (application of the Compulsory Purchase (Vesting Declarations) Act 1981). (2) The authority conferred by article 28 (temporary use of land for carrying out the authorised development) ceases at the end of the period referred to in paragraph (1), except that nothing in this paragraph prevents the Secretary of State remaining in possession of land after the end of that period, if the land was entered and possession was taken before the end of that period. Compulsory acquisition of rights and restrictive covenants 22. (1) Subject to paragraph (2), the Secretary of State may acquire such rights over the Order land, or impose restrictive covenants affecting the Order land, as may be required for any purpose for which that land may be acquired under article 19 (compulsory acquisition of land) by creating them as well as acquiring rights already in existence. (a) 1981 c. 67. 16

(2) In the case of the Order land specified in column (1) of Schedule 5 (land in which only new rights etc. may be acquired) the Secretary of State s powers of compulsory acquisition are limited to the acquisition of such wayleaves, easements, new rights in the land or the imposition of restrictive covenants, as may be required for the purpose specified in relation to that land in column (2) of that Schedule. (3) Subject to section 8 of the 1965 Act (other provisions as to divided land), as substituted by paragraph 5 of Schedule 6 (modification of compensation and compulsory purchase enactments for creation of new rights), where the Secretary of State acquires a right over land or the benefit of a restrictive covenant affecting land under paragraph (1) or (2), the Secretary of State is not required to acquire a greater interest in that land. (4) Schedule 6 has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right or the imposition of a restrictive covenant. Private rights over land 23. (1) Subject to the provisions of this article, all private rights over land subject to compulsory acquisition under this Order are extinguished (a) as from the date of acquisition of the land by the Secretary of State, whether compulsorily or by agreement; or (b) on the date of entry on the land by the Secretary of State under section 11 (1) of the 1965 Act (power of entry), whichever is the earlier. (2) Subject to the provisions of this article, all private rights over land subject to the compulsory acquisition of the rights under this Order are extinguished in so far as their continuance would be inconsistent with the exercise of the right (a) as from the date of the acquisition of the right by the Secretary of State, whether compulsorily or by agreement; or (b) on the date of entry on the land by the Secretary of State under section 11 (1) of the 1965 Act (power of entry), whichever is the earlier. (3) Subject to the provisions of this article, all private rights over land owned by the Secretary of State which, being within the limits of land which may be acquired or used shown on the land plans, are required for the purposes of this Order are extinguished on commencement of any activity authorised by this Order which interferes with or breaches those rights. (4) Subject to the provisions of this article, all private rights over land of which the Secretary of State takes temporary possession under this Order are suspended and unenforceable for as long as the Secretary of State remains in lawful possession of the land. (5) Any person who suffers loss by the extinguishment or suspension of any private right of way under this article is entitled to compensation in accordance with the terms of section 152 of the 2008 Act to be determined, in case of dispute, under Part 1 of the 1961 Act. (6) This article does not apply in relation to any right to which section 138 of the 2008 Act (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) or article 30 (statutory undertakers) applies. (7) Paragraphs (1) to (4) have effect subject to (a) any notice given by the Secretary of State before (i) the completion of the acquisition of the land or the acquisition of the rights over or affecting the land; (ii) the Secretary of State s appropriation of it; (iii) the Secretary of State s entry onto it; or 17